국제거래에서 독립적 은행보증서에 대한 담보장치로서의 수출보증보험에 관한 연구 = A Study on Export Bond Insurance as a Security for Independent Bank Guarantee in International Transactions

다국어 초록 (Multilingual Abstract)

  An independent bank guarantee(aka an independent guarantee) is provided as an security on a principal obligor"s performance of his obligation, and a guarantor should pay the guaranteed amount only upon a beneficiary"s written demand. A standby letter of credit has been used in the United States, since it was construed that a bank should not issue a guarantee. There was wide misunderstanding that a standby letter of credit differs from an independent bank guarantee. However, a standby letter of credit is the same security as an independent bank guarantee, and in international business a standby letter of credit is not differentiated from a independent bank guarantee.<BR>  An independent bank guarantee are independent from the underlying contract, unconditional, and irrevocable. And a guarantor should pay upon written demand without proving a principal obligor breaches the underlying contract. These features of an independent bank guarantee has been abused in international transactions. Thus it has been proposed that some exceptions to the features of an independent bank guarantee should be allowed. United Nations Convention on Independent Guarantees and Standby Letter of Credit(1995) stipulates some exceptions to payment obligation.<BR>  Export bond insurance, a part of export insurances, operated by the Korea Export Insurance Corporation under the Export Insurance Act, is used as a security for unfair calling by a beneficiary under an independent bank guarantee. Most of the export subsides by the government are prohibited under WTO"s Agreement on Subsidies and Countervailing Measures. However, as export insurance is allowed under the WTO, it operates a significant role in enhancing the export. In the event that export bond insurance is provided for a guarantor, an obligor who is subject to recourse by a guarantor, can be exempt from the recourse in case of unfair calling. The Korea Export Insurance Corporation, an insurer, bears unfair calling risk by a beneficiary.<BR>  Generally it is understood that a demand shall be made before the expiry of an independent bank guarantee. However this is not absolutely true, it shall be decided by URDG, ISP98, the governing law.

목차 (Table of Contents)

• Ⅰ. 서론
  Ⅱ. 독립적 은행보증 개요 및 관련 판례 분석
  Ⅲ. 담보장치로서의 수출보증보험
  Ⅳ. 독립적 은행보증과 수출보증보험의 주요 쟁점 사항 검토
  Ⅴ. 결론
  참고문헌
  ABSTRACT
  

참고문헌 (Reference)

1 김용재, "수출보험을 악용한 무역사기 예방방안에 관한 연구" 19 (19): 1997

2 김상만, "산업설비 수출에서 금융조달방법에 대한 법적 연구" 고려대학교 2008

3 최기원, "보험법" 박영사 2002

4 김선국, "보증신용장의 법적문제에 관한 연구" 고려대학교 1991

5 김정호, "독립적 은행보증의 법률관계" 동천 김인섭 변호사 회갑기념 논문집 1996

6 유중원, "국제무역의 법리연구" 법률문화원 2005

7 김성수, "국제계약법" 한국에너지법연구소 1995

8 이기수, "국제거래법" 세창출판사 2005

9 서헌제, "국제거래법" 법문사 2003

10 박훤일, "국제거래법" 한국경영법무연구소 1996

11 최준선, "국제거래법" 삼영사 2001

12 일본 NEXI, "http://www.nexi.go.jp"

13 한국수출보험공사, "http://www.keic.or.kr/"

14 독일 Euler Hermes, "http://www.eulerhermes.com"

15 영국 ECGD, "http://www.ecgd.gov.uk"

16 BERNE UNION, "The Berne Union Yearbook"

17 Howard Palmer, "International Trade and Pre-export Finance" Euromoney Institutional Investor PLC 55-, 1999

18 Ralph H. Folsom, "International Business Transactions" West Group 2002

19 Roy Goode, "Guide to the ICC Uniform Rules for Demand Guarantees, ICC Publication No.510"

20 Clive M. Schmittoff, "Export Trade" London Steven & Sons 1990

21 BERNE UNION, "EIC Handbook"

22 Roeland F. Bertrams, "Bank Guarantees in International Trade" ICC Publishing S.A. 2004